People v. Cisneros CA2/4

Filed 4/16/14 P. v. Cisneros CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B250671

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA088049) v.

CARLOS ARQUIMEDE CISNEROS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Marcelita V. Haynes, Judge. Affirmed. Ann Krausz, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Respondent.

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On April 13, 2005, the Los Angeles County District Attorney’s Office charged appellant with corporal injury to a spouse (Pen. Code, § 273.5; count 1) and criminal threats (Pen. Code, § 422; count 2). On April 13, 2005, appellant pled guilty to count 1. The official transcript of the plea hearing reflected that appellant was advised by the trial court as follows: “‘If you’re not a citizen, you have a right to consult with the consulate of the country you are a citizen of before entering your plea -- [I]f you’re not a citizen, your plea will have the consequences of deportation, exclusion from admission, denial of naturalization, amnesty, or reentry pursuant to the laws of the United States.’” Appellant was asked if he understood those rights, and he responded, “‘Yes.’” The trial court further advised appellant and his trial counsel that appellant had an immigration hold and that he was going to be deported. The court asked appellant if he understood he was going to be deported, and he answered, “‘Yes.’” The minute order likewise reflected that appellant was advised of the immigration consequences of his plea. At the sentencing hearing the same day, the trial court suspended imposition of sentence and placed appellant on five years probation on the condition that he serve 365 days in county jail. According to appellant, he was deported and subsequently reentered the United States in March 2012, whereupon he was detained by the United States Immigration and Customs Enforcement (ICE), part of the United States Department of Homeland Security (DHS). On March 28, 2012, appellant admitted he was in violation of probation for failing to report to the probation department and for not attending domestic violence counseling programs. On June 27, 2013, appellant filed a motion to vacate his plea and/or reduce his conviction to a misdemeanor. He contended he was never advised that pleading to the corporal injury charge would have immigration consequences. He also contended that he received ineffective assistance of counsel under Padilla v.